컴퓨터프로그램보호법상 S/W 리버스 엔지니어링 규정에 관한 소고

• 영문명: A study on Provisions of a Reverse Engineering of a Computer Program on the Computer Program Protection Act
• 발행기관: 세창출판사
• 저자명: 강기봉(Gi-bong Kang) 정봉현(Bong-hyun Jung)
• 간행물 정보: 『창작과 권리』2006년 봄호 (제42호), 58~93쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

The Computer Program Protect Act (CPPA) permits a fair use like the Copyright Act. Although it is different in each case to be able to be protected with the CPPA, The reproduction of programs for the purpose of investigation, study or test of the functions of programs in order to verify the ideas and principles that constitute the basis for programs and the reverse engineer- ing for an interoperatablity generally is permitted. There are problems on the interpretation of the article 12-2 of the CPPA. To solve these problems, it is flexibly interpreted and the information to be obtained by the reverse engineering should be able to provide any third person for the purpose of an inter- operatablity. And, the Patent Act permits working a patented invention for research or experimental purposes by the article 96, so the investigation and reproduction of programs for this is permit- ted. A source code is the works that the human understand like literary works, so an enterprise can get a various kinds of information on a program throughout an analysis of that and getting an object code by a compilation with a compiler can make enterprises suffer a loss throughout copy or distribution of the source code. Therefore, a lot of enterprises sell only products of an object code. And, because these programs of an object code conceal the information about the program, one can't get the information enough to develop the same kind of or a similar program for other operating system or to develop other program that is interoperable with the program. Consequently, enterprises get those information by using an art of reverse engineering, and then copyright can be infringed. The results of the reverse engineering are distributed throughout the internet, and those may be distributed in a form of a source code or the specific information that is important to the enterprise. In those cases, these distribution can cause a huge damage to the enterprise, so the problem that it infringes a right of a copyrighter of a program arises. On this account, an enterprise restricts reverse engineering by the shrink-wrap license or a contract between contracting parties at times or takes technical trotection teasures (TPM). However, it is necessary to restrict a copyright to promote the diversity of computer programs and it's technology.

목차

Ⅰ. 서론

Ⅱ. 리버스 엔지니어링에 관한 일반론

Ⅲ. 리버스 엔지니어링 관련 법률 규정 및 리버스 엔지니어링의 허용범위에 대한 검토

Ⅳ. 기술적 보호조치와 리버스 엔지니어링 결과물의 제3자 제공의 법적 문제점

Ⅴ. 결론

Abstract

키워드

리버스 엔지니어링 프로그램코드역분석 컴퓨터프로그램보호법 특허법 기술보호조치 디컴파일 프로그램저작권의 제한 Reverse Engineering Computer Program Protection Act CPPA Patent Act Technological Protection Measures Decompi- lation Restriction on Program Copyright